Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/03/2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Saravanan ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.112 of 2023.) ... Respondent/Complainant For Petitioner :

M/s.M.Velumurugan, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the Petitioner/Accused No.2 on bail in C.C.No.1018 of 2023 Principal EC and NDPS Court,Madurai in Cr.No.112 of 2023 on the file of the Inspector of Police,Usilampatti Town Police Station,Madurai District. ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 12.03.2023 for the alleged offence under Sections 8(c), 20(b)(ii), 25 of Narcotic Drugs and Psychotropic 1/4

Substances Act, 1985 in Crime No.112 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the on secret information the defacto complainant along with police team on 12.03.2023 at about 05.00 a.m. went to the spot, they found four persons in suspicious circumstances. On suspicion, they were enquired and on search, they were found in possession with Ganja to various units as mentioned in the FIR. On the basis of the above said occurrence case has been registered.

3.The learned Additional Public Prosecutor would submit that during the course of enquiry, the involvement of this petitioner came to light. They found that Ganja has been purchased in bulk from A6, from the State of Andra Pradesh, it was transported to Tamil Nadu. The accused persons segregated the same for selling to the public. According to him, totally 69 kilo grams of Ganja were recovered. So, the entire quantity must be taken together.

4.Considering the gravity of the offence, the earlier petition filed by the petitioner seeking bail was dismissed by this Court. Now the learned Additional Public Prosecutor would submit that now final report has been filed before the concerned Special Court and taken cognizance in C.C.No.1018 of 2023. Now it is posted for framing of charges.

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5.Since the final report has been filed before the concerned Special Court and the case is posted for framing of charges, the petitioner can approach the Special Court itself seeking bail. Without approaching the special Court, he has filed application before this Court repeatedly.

5.Accordingly, this criminal original petition stands dismissed with the above said liberty.

sd/- 06/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To 1.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

2.The Superintendent, Central Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.3604 of 2024 Date :06/03/2024 ED/ GS /SAR- (12/03/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4